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Showing posts with label first amendment. Show all posts
Showing posts with label first amendment. Show all posts

Laws to regulate Facebook's algorithm?

From the Washington Post:

On Facebook, you decide whom to befriend, which pages to follow, which groups to join. But once you’ve done that, it’s Facebook that decides which of their posts you see each time you open your feed — and which you don’t.

The software that makes those decisions for each user, based on a secret ranking formula devised by Facebook that includes more than 10,000 factors, is commonly referred to as “the news feed algorithm,” or sometimes just “the algorithm.”  ...

Amid a broader backlash against Big Tech, Haugen’s testimony and disclosures have brought fresh urgency to debates over how to rein in social media and Facebook in particular. And as lawmakers and advocates cast about for solutions, there’s growing interest in an approach that’s relatively new on the policy scene: regulating algorithms themselves, or at least making companies more responsible for their effects. The big question is whether that can be accomplished without ruining what people still like about social media — or running afoul of the First Amendment. ...

One way to regulate algorithms without directly regulating online speech would be to amend Section 230 of the Communications Decency Act, which shields websites and apps from being sued for hosting or moderating content posted by users. Several bills propose removing that protection for certain categories of harmful content that platforms promote via their algorithms, while keeping it in place for content they merely host without amplifying.

See also Opinion in NY Times from former Facebooker

 

First Amendment and Social Media

Social media and First Amendment issues were debated in oral argument before the US Supreme Court in Packingham v. North Carolina.

See:  http://www.scotusblog.com/case-files/cases/packingham-v-north-carolina/

Issue:  Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic ticket, declaring “God is Good!”

In oral argument on 27 February 2017, Justice Kennedy drew an analogy between social media and the public square.  Justice Ginsburg said restricting access to social media would mean being cut off from a very large part of the marketplace of ideas.  The First Amendment includes not only the right to speak, but the right to receive information.

Non Specialist Lawyers Doing Domain Name Disputes - A big risk!

In my opinion, there is a big risk using a non-specialist lawyer to run a domain name dispute under the UDRP or auDRP.  A recent example is ...